JUDGMENT :

M.S. Parikh, J.

Rule. Service of Rule waived by Mr. N.V.Anjaria, learned Advocate on behalf of Respondent No.1 and Mr. K.C. SHAH, learned A.G.P., on behalf of respondent No.2.

2. The petitioners, 17 in number, have challenged the conditions incorporated in their eligibility Certificates and prayed for following reliefs in this petition under Article 226 of the Constitution of India :

(i) restraining the respondents from enforcing implementing or taking any action on the basis of the impugned condition and from preventing the petitioners from appearing at the preliminary examination to be held in September, 1996, from filling in the examination form and from appearing at the University examination for first MBBS examination to be held in November, 1996;

(ii) directing the respondents to allow the petitioners to fill in the examination forms for first MBBS, to appear at the preliminary examination to be held in September, 1996 and to appear at the First MBBS examination of the University to be held in November, 1996;

2. Short facts on which the petitioners have based their claim may briefly be stated :

The petitioners, after clearing their Higher Secondary Certificate Examination and All India Pre-Medical Entrance Examination, 1995, came to be allocated to the B.J.Medical College, Ahmedabad (respondent No.2 herein) for M.B.B.S.Course. They applied for provisional eligibility certificates from the Gujarat University. The same were granted on 25th September, 1995. They were admitted to the first MBBS Course accordingly. It is their case that they have kept three terms by fulfilling all requirements regarding their attendance. However, it is their apprehension that they would not be permitted to appear in the first MBBS Examination which are to be held in November, 1996 only on the ground that a condition is imposed in the provisional eligibility certificates issued to each of them by the Gujarat University (respondent No.1 herein) that they will be permitted to appear at the first MBBS examination only after 18 months. It is their case that such condition cannot be imposed in advance by any authority of the University while granting the eligibility certificate in view of decision of this Court in 1996 (1) G.L.H. 926. They have, therefore, sought for the aforesaid reliefs in this petition. The College actually started functioning from 12.9.1995, whereas the petitioners stood admitted to the college pursuant to the eligibility Certificates on 26.9.1996. It is, therefore, the case of the petitioners that there is not much difference between the students who got admission to the college which started functioning from 12.9.1995 and the petitioners who started attending their terms from 26.9.1995. The relevant ordinances have been quoted in the petition and the same will be dealt with soon hereafter.

3. It is the stand of the respondents that it was quite legal and proper for the respondents to prescribe a cut-off date for the purpose of students' eligibility. It is the stand of the respondents that the petitioners are estopped from challenging the action of the University in not permitting them to appear at the ensuing examination. The University granted certificate of eligibility since the petitioners agreed to abide by the terms and conditions laid down therein. Such condition has been incorporated in the eligibility certificates and the same would read as under :

"The provisional Eligibility Certificate will be issued by Gujarat University within three months after declaration of result of 1st M.B.B.S. Examination of this University save in cases where Medical Council of India has permitted migration as a special case after considering hard and genuine cases on individual merits."

"The candidate will be allowed to appear in II M.B.B.S. Examination after completion of 18 months from the date of joining in II M.B.B.S. (it should be I.M.B.B.S.) Course in this University."

It is the stand of the respondents that it was resolved that th